"The requirement to file an affidavit under the proviso to Section 83(1)(c) is not mandatory. It is sufficient if there is substantial compliance. As the
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"Compelling the petitioner to face trial would be an exercise in futility and result in abuse of the process of the Court," Orissa High Court,
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"Right to protect the environment and safeguard the forests and wild life are rights falling within the realm of public rights and these rights outweigh
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"In a petition seeking cancellation of Look Out Circular, which is issued where there is flight risk of the petitioner, citizenship of the petitioner assumes relevancy," Punjab
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"Religious character of disputed area of the Bhojshala Complex and Kamal Maula Mosque is held to be a Bhojshala with a temple of goddess Vagdevi (Saraswati), "
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"Apex Societies—which by definition are Federal Societies—cannot be read as excluded from the reference to Federal Cooperative Societies in the GO," Karnataka High Court, in a significant
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"Rule of reservation gives accelerated promotion, but it does not give the accelerated 'consequential seniority'. If a Scheduled Caste/Scheduled Tribe candidate is promoted earlier because
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"A trust can be said to be created for a public purpose when the beneficiaries constitute either the general public or an unascertained and fluctuating
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"A witness cannot therefore be confronted in cross-examination (without previous production as per law) a document executed by someone else, " Telangana High Court, in a
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"Freezing of an entire bank account without specifying the quantum of suspected amount or without establishing the involvement of the account holder in any criminal
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"The plea of alibi had to be proved with absolute certainty so as to completely exclude the possibility of the presence of the appellant in
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"This issue has been set at rest by the decision passed by the Hon’ble Supreme Court in Rajnesh versus Neha, where after discussing the divergent opinion
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"The reasons for delay may vary, and in such cases there can be various reasons for the delay. Such case, attach to them as a
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"Where no oral evidence is led by the department to prove the documents relied upon in support of the charge-sheet, such documentary evidence cannot be
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"Mere possession of Jihad material is a weak circumstance and with this circumstance alone one cannot be tagged with terrorism or any of the charges
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"Appellant’s rights under Article 21 of the Constitution of India need to be balanced and may even trump the restriction imposed under Section 43D(5) of
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In a latest judgement, Allahabad High Court (Lucknow Bench has held that the bar under Section 4 of the Prohibition of Benami Property Transactions Act, 1988,
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"Character/criminal antecedents of a witness cannot and does not impact the events witnessed by him or her. This is regardless of whether the witness has
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Bombay High Court, in a significant ruling, held that an agent of the Court Receiver who violates the terms of a court-accepted undertaking regarding the nature
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"Approach of the learned Officers in casually adjourning the I.As filed, seeking an ad-interim injunction, like the case at hand, will defeat the very purpose of filing
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"Non-maintenance of record is springboard for commission of offence of foeticide, not just a clerical error," Supreme Court, in a significant ruling, held that the maintenance of
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"Infraction of Rule 3 in our opinion thus, cannot render the entire recruitment process illegal which does not otherwise suffer from any fundamental error or
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"Disciplinary authority, therefore, in our opinion acted illegally and without jurisdiction in imposing both minor and major penalties by the same order. Such a course
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"Justice delivery system cannot treat the child as a mere evidentiary object subjected to repeated forensic or psychological scrutiny at the instance of contesting litigants.
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"The application of law, especially when it comes to inter family disputes is not akin to enforcing the black letter of the law but calls
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"State cannot deny or defer a claim for compassionate appointment by invoking a provision which, on a proper reading of the rules, applies only to
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"The 'homemakers', to put it directly, actually are the 'nation builders' and they ought to be recognised as such," Supreme Court, in a landmark judgment
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"In other words, the motor vehicle itself does not play an active role in the accident. It is not part of the proximate cause of
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"If an accused is in jail past 9 years, as an under-trial prisoner, then he deserves to be released on bail because its a right
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"Where the question of pursuing a constitutional remedy is involved and invocation of writ jurisdiction is traceable to clause (1) of Article 226, the doctrine
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"The failure to repay without being informed of an extension being granted to the auction purchaser, by itself, cannot validate proceedings that are otherwise vitiated
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"A mechanical application of the law laid down in Sajjan Singh would render these integral components of a just and fair criminal justice delivery
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"A suitor having himself chosen the forum convenient to the respondents, application of the doctrine of forum non conveniens could be self-defeating and likely to deny access
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"Where a person can be dealt with under ordinary laws of the land, invocation of the power under preventive detention laws is not warranted in
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"In cases where the matrimonial relationship comes to an end by a decree of divorce, the criminal prosecution emanating from that past relationship between the parties
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"Entrustment is not a matter of presumption, but a foundational jurisdictional fact which the prosecution is bound to establish affirmatively and beyond reasonable doubt," Supreme
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"In conclusion, it is indeed a sad state of affairs that babies are traded like chattels and are abandoned for diverse reasons. The existing framework
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"At the stage of considering the plea for suspension of sentence of life imprisonment, the Appellate Court should ordinarily remain loath and circumspect. The Appellate
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"For a conviction under Section 306 of the IPC, it is a well-established legal principle that the presence of clear mens rea—the intention to abet
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"Provident fund accumulations constitute a vested statutory right of the employees and partake the character of protected retiral benefits incapable of being defeated by administrative
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"The requirement to file an affidavit under the proviso to Section 83(1)(c) is not mandatory. It is sufficient if there is substantial compliance. As the
read more
"Compelling the petitioner to face trial would be an exercise in futility and result in abuse of the process of the Court," Orissa High Court,
read more
"Right to protect the environment and safeguard the forests and wild life are rights falling within the realm of public rights and these rights outweigh
read more
"In a petition seeking cancellation of Look Out Circular, which is issued where there is flight risk of the petitioner, citizenship of the petitioner assumes relevancy," Punjab
read more
"Religious character of disputed area of the Bhojshala Complex and Kamal Maula Mosque is held to be a Bhojshala with a temple of goddess Vagdevi (Saraswati), "
read more
"Apex Societies—which by definition are Federal Societies—cannot be read as excluded from the reference to Federal Cooperative Societies in the GO," Karnataka High Court, in a significant
read more
"Rule of reservation gives accelerated promotion, but it does not give the accelerated 'consequential seniority'. If a Scheduled Caste/Scheduled Tribe candidate is promoted earlier because
read more
"A trust can be said to be created for a public purpose when the beneficiaries constitute either the general public or an unascertained and fluctuating
read more
"A witness cannot therefore be confronted in cross-examination (without previous production as per law) a document executed by someone else, " Telangana High Court, in a
read more
"Freezing of an entire bank account without specifying the quantum of suspected amount or without establishing the involvement of the account holder in any criminal
read more
"The plea of alibi had to be proved with absolute certainty so as to completely exclude the possibility of the presence of the appellant in
read more
"This issue has been set at rest by the decision passed by the Hon’ble Supreme Court in Rajnesh versus Neha, where after discussing the divergent opinion
read more
"The reasons for delay may vary, and in such cases there can be various reasons for the delay. Such case, attach to them as a
read more
"Where no oral evidence is led by the department to prove the documents relied upon in support of the charge-sheet, such documentary evidence cannot be
read more
"Mere possession of Jihad material is a weak circumstance and with this circumstance alone one cannot be tagged with terrorism or any of the charges
read more
"Appellant’s rights under Article 21 of the Constitution of India need to be balanced and may even trump the restriction imposed under Section 43D(5) of
read more
In a latest judgement, Allahabad High Court (Lucknow Bench has held that the bar under Section 4 of the Prohibition of Benami Property Transactions Act, 1988,
read more
"Character/criminal antecedents of a witness cannot and does not impact the events witnessed by him or her. This is regardless of whether the witness has
read more
Bombay High Court, in a significant ruling, held that an agent of the Court Receiver who violates the terms of a court-accepted undertaking regarding the nature
read more
"Approach of the learned Officers in casually adjourning the I.As filed, seeking an ad-interim injunction, like the case at hand, will defeat the very purpose of filing
read more
In the contemporary landscape of the Indian criminal justice system, DNA profiling has transitioned from a "novelty" to the "gold standard" of forensic evidence. However, for
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Possession is the law’s most practical concept. Before a court reaches the higher question—“who is the owner?”—it often asks the simpler, urgent question—“who is in possession, and
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Appreciating evidence in civil litigation requires adherence to strict principles under the Indian Evidence Act, the Code of Civil Procedure (CPC), and binding judicial precedents. Courts
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In the world of law, the doctrine of Res Judicata serves as a cornerstone for upholding judicial efficiency and finality. Res judicata, meaning "a matter already judged,"
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"Copyright law, a delicate balance of protecting creativity while fostering innovation." – Indian Judiciary- Introduction: Safeguarding Creativity Through the Copyright Act
In a world
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In the Indian legal system, judgments play a crucial role in shaping jurisprudence and guiding future cases. These judgments can be classified into two primary categories: reportable and non-reportable.
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